Part 2Giving effect to the code

Avoidance

19Reports on avoidance

(1)

The adjudicator must report to the Scottish Ministers on cases of pub-owning businesses engaging in avoidance activity.

(2)

In subsection (1), “avoidance activity” means acts or omissions (or both) by a pub-owning business that are—

(a)

unfair, and

(b)

engaged in by the business in order to avoid, to the detriment of a tied-pub tenant, the operation of provision made by or under this Act.

(3)

A report under subsection (1) must include recommendations as to—

(a)

action to be taken to prevent pub-owning businesses from engaging in the activity reported on, and

(b)

how to provide redress for tied-pub tenants affected by those activities.

(4)

Within 3 months of receiving a report under subsection (1), the Scottish Ministers must make publicly available a statement setting out—

(a)

what action they intend to take to protect tied-pub tenants from the activities reported on by the adjudicator, or

(b)

if they do not intend to take any such action, the reasons for that decision.